Resident Fights Town Land Control

Her grandfather lived on the land until her mother inherited a part of it, and now she lives on and calls the 10 acres of land her heritage.

But this property and many others could fall under heightened control from the town following passage of the land-use management ordinance.

The town already controls almost 2 acres of Blackwood's land with 100-foot buffers around nearby creeks and streams.

The Chapel Hill Town Council will vote on whether the buffer areas should be increased to 150 feet as part of the development ordinance the town has been crafting for nearly two years.

Stream buffers are pieces of land in between a body of water and where concrete surfaces can be placed. Property owners cannot develop the land inside a stream buffer.

"There are very few cities that exceed a 75-foot buffer," Blackwood said. "More is not better if it runs people from their land."

But some council members say the buffers around creeks and streams, also known as resource conservation districts, are necessary and individualized to Chapel Hill's particular area.

"Our new RCD is vital to protecting the water quality of our drinking water," said council member Mark Kleinschmidt. "It's not a competitive response to other counties."

Town planning committees say the biggest challenge involved with the revised ordinance proposal is dealing with the numerous people affected by the buffers around their creeks and streams.

"There are a lot of people that are concerned. We have had a heavy stream of phone calls and e-mails," said Chapel Hill Planning Director Roger Waldon. "This is the biggest issue we're looking at as we rezone and redistrict."

Officially, Blackwood lives in Orange County and pays Orange County taxes, but she also lives in what is known as the "extraterritorial jurisdiction" of Chapel Hill. The area is close enough to the urban areas of Chapel Hill to make residents subject to town ordinances and zoning.

But even though Blackwood's land is being controlled, residents of her area cannot vote for Chapel Hill town officials and have no representation there because they do not live in the official town district.

"It's the very fact that they have a law that they can tell me what I can and cannot do and that there is also a law saying that I cannot vote for a representative," Blackwood said.

Council member Pat Evans said she is slightly concerned about the "football-field length" of buffers being instituted.

"This isn't the Mississippi River we're talking about, these are trickles," Evans said.

Evans also said the town staff is requesting the buffer length be kept at 100 feet, but she said she does not know how the council will vote.

"I don't think we've got documentation that increasing (the buffers) by a third really brings that much more enhancement of water quality," Evans said.

Still, Blackwood said she is skeptical of the council and is afraid all of her land eventually will be under town control. She said because of passion for her land she plans to attend tonight's council meeting.

Blackwood said, "I don't care who it has to go before, I shall fight it to the end."

The City Editor can be reached

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